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Court Modifies Conviction in High-Profile POCSO Case

Background

In a significant ruling, the Delhi High Court reviewed the conviction of Ram Preet under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code (IPC). Initially sentenced to life imprisonment for aggravated penetrative sexual assault against a three-year-old girl, the court found inconsistencies in the evidence presented during the trial.

Arguments

The defense argued that the testimonies of the survivor and her mother contained inconsistencies regarding the timing and nature of the alleged assault. They highlighted that the medical examination did not confirm any penetration, only noting redness in the survivor's private parts. The prosecution, however, maintained that the survivor's consistent testimony, corroborated by her mother, was sufficient to establish the accused's guilt.

Court's Analysis and Reasoning

The court scrutinized the evidence, particularly the medical report, which indicated no penetration occurred. It noted that while the survivor's testimony suggested inappropriate touching, it did not meet the legal threshold for aggravated penetrative sexual assault as defined under the POCSO Act. The court referenced a precedent where similar facts led to a conviction for lesser charges, emphasizing the importance of medical evidence in such cases.

Decision

Ultimately, the Delhi High Court modified the conviction to reflect a lesser charge under Section 354B of the IPC, which pertains to assault with intent to disrobe. The court ruled that the accused had already served sufficient time in custody, allowing for his release while upholding the order for compensation to the survivor. This decision underscores the necessity for clear medical evidence in sexual assault cases and the court's commitment to ensuring justice is served appropriately.